ILLINOIS

This document may be freely copied, printed, or distributed for personal, nonprofit, governmental, or educational use, if the copy displays this permission statement with the copyright: © Pinion Feather Press, LLC, 2020, 2023.

WHO:        ANY person MAY report who has reasonable cause to believe that a child may be abused or neglected.  [325 Ill. Comp. Stat. 5/4(f) = 325 ILCS 5/4(f)]

These are mandatory (MUST report): • Physicians, residents, interns, hospital administrators & personnel, surgeons, dentists, dental hygienists, osteopaths, chiropractors, podiatrists, physician assistants, or substance abuse treatment personnel • Funeral home directors, embalmers, & employees; or coroners or medical examiners • Emergency medical technicians, acupuncturists, or crisis line or hotline personnel • School personnel, including administrators and employees, educational advocates, or truant officers • Higher education institution personnel • School board or Chicago Board of Education members • Private school governing body members • Social workers, social services administrators, or domestic violence program personnel • Nurses (licensed practical or registered), certified nursing assistants, genetic counselors, respiratory care practitioners, advanced practice nurses, or home health aides • Directors or staff assistants of nursery schools or child care centers • Recreational or athletic program or facility personnel • Early intervention providers, as defined in the Early Intervention Services System Act • Law enforcement (including police and probation officers) • Licensed professional counselors (including at any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives), psychologists, psychiatrists, or their assistants, marriage & family therapists • Field personnel of the Departments of Healthcare and Family Services, Juvenile Justice, Public Health, Human Services, Corrections, Human Rights, or Children and Family Services • Supervisors and administrators of general assistance under the Illinois Public Aid Code • Animal control officers or Department of Agriculture Bureau of Animal Health and Welfare field investigators • Foster parents, homemakers, or child care workers • Clergy members • Commercial film and photographic print processors or computer technicians, or electronic or information technology workers •  [325 ILCS 5/4(a); 720 ILCS 5/11-20.2(a)]  

·       NOTE #1: The professional / official mandate concerns observations at work. (1) It applies even if a child does not come before (i.e., is not treated by) the reporter. [325 ILCS 5/4(c)(2)]  (2) It does not address observations outside of work.

·       NOTE #2: The professional / official mandate means: (a) observed in professional practice or a regularly scheduled program, activity, or service; or (b) the reporter is affiliated with an agency, group, or institution directly responsible for the child’s care, supervision, guidance, or training; or (c) while at work the reporter is told that an identifiable child is a victim of abuse or neglect.  [325 ILCS 5/4(c)(1)]

·       STANDARDS:  Child means under age 18, unless emancipated by marriage or U.S. military enlistment.  [325 ILCS 5/3,4; 720 ILCS 5/11-20.2(a)] 

(1)   For most mandatory reporters:  reasonable cause to believe that a child known in his/her professional capacity may be abused or neglected.

(2)   For medical environments:  A physician, physician’s assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, social worker, or licensed professional counselor of any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives has reasonable cause to believe that a child known in his/her professional or official capacity may be an abused or neglected child.

(3)   For commercial film & photo print processors or computer technicians: knowledge of or observing any film, photo, video, negative, slide, computer hard drive, or any other magnetic or optical media that depicts someone whom the reporter should reasonably know is a child engaged in any actual or simulated sexual conduct. [Child porn.]  See definition of sexual conduct below.

(4)   For other reporters: reasonable cause to believe a child is abused or neglected.   

·       PRIVILEGE: The only exemptions are: (1) attorney-client privilege and legal client confidential information under Illinois Rules of Professional Conduct rule 1.6; and (2) clergy-confession privilege.  [325 ILCS 5/4(g); 735 ILCS 5/8-803] 

WHEN:      IMMEDIATE oral report, then written report within 48 HOURS.  [325 ILCS 5/4; 5/4.5]  But non-emergency reports may be online only (but IMMEDIATE).       [https://www2.illinois.gov/dcfs/safekids/reporting/documents/cfs_1050-21_mandated_reporter_manual.pdf]  For commercial film & photo print processors or computer technicians, the report is to be made AS SOON AS REASONABLY POSSIBLE.  [720 ILCS 5/11-20.2(a)]

WHERE & HOW:  For most mandated reports: (1) call hotline; (2) then write report (MAY use DFCS forms) to DFCS local investigation unit. [325 ILCS 5/4; 5/4.5; 5/7; https://www.dhs.state.il.us/page.aspx?item=32675] Non-emergency reports MAY be just online. [https://www2.illinois.gov/dcfs/safekids/reporting/documents/cfs_1050-21_mandated_reporter_manual.pdf] Exceptions below MUST be reported to law enforcement (not DFCS).

For the initial report (oral):

·       For risk of imminent Violence:                 Dial 911, and report afterward.

·       DCFS Child Abuse Hotline (24/7):          1-800-252-2873 (1-800-25-ABUSE)

TTY 1-800-358-5117

217-524-2606 if calling from out-of-state  

·       INSTITUTIONAL:  (1) A mandatory reporter on staff at a medical or other public or private institution, school, facility, agency, or religious institution MUST report immediately to DCFS and MAY also notify the institutional head that a report was made, BUT the head must NOT control, restrain, modify, or otherwise alter it.  [325 ILCS 5/4]  (2) Two or more mandated reporters in an institution may designate one to report, but must give all their names and contact info.  [325 ILCS 5/4(b)]  (3) Employers must not move (or threaten) to discharge, demote, suspend, or discriminate against a good-faith reporter.  [325 ILCS 5/9.1] 

For initial reports that MUST be made to law enforcement:

·       For a directory of Illinois police, see: https://www.usacops.com/il/

·       ELECTRONIC & I.T. WORKERS who discover child porn while installing, repairing, or servicing electronic and I.T. equipment, they or their employer MUST immediately report to the local law enforcement agency OR to Cyber Tipline of the National Center for Missing & Exploited Children at 1-800-843-5678 (1-800-THE-LOST; https://www.missingkids.org/gethelpnow/cybertipline).  [325 Ill. Comp. Stat. 5/4.5(b)]

·       COMPUTER TECHNICIANS: are under their own standard but must report or cause a report to be made as soon as reasonably possible under the same reporting protocol as for electronic & I.T. workers.  [720 ILCS 5/11-20.2(c)]

·       COMMERCIAL FILM & PHOTO PROCESSORS: must report or cause a report to be made as soon as reasonably possible to the local law enforcement agency of the jurisdiction in which the image(s) is/are discovered.  [720 ILCS 5/11-20.2(b)]

·       SUSPICIOUS DEATH:  Reports MUST be to the appropriate (county) medical examiner or coroner.  [325 ILCS 5/4.1]  Counties use coroners, except Cook County uses an M.E. See directory at: https://www.coronersillinois.org/members

Options for the follow-on report (written):

·       Forms: DCFS provides forms at the first URL below and in appendices in a mandated reporters manual (recent; second URL below). See forms CANTS 4 and CANTS 5 (in appendix D), appendices B and C, and CANTS 2A (for injury; at the 1^st first URL).

o    https://www2.illinois.gov/dcfs/aboutus/notices/Pages/com_communications_forms.aspx

o    https://www2.illinois.gov/dcfs/safekids/reporting/documents/cfs_1050-21_mandated_reporter_manual.pdf

·       Field offices: A directory of DCFS field offices by region and city is at: https://www2.illinois.gov/dcfs/aboutus/Pages/phoneDirectory.aspx

·       Online reports (non-emergency only):     open to any reporter despite mandate labels

o   https://www2.illinois.gov/dcfs/safekids/reporting/Pages/index.aspx

o   Click the link for “Online Child Abuse Reporting System for Mandated Reporters”

·       Email for sending completed CANTS 5:  DCFS.mandatedreporterform@illinois.gov

Other Aspects:

·       REPORT DETAILS:  (1) ORAL reports MUST give, if known: (a) the child’s name and address, his/her parents or other custodians; (b) the child's age; (c) nature of the child's condition, and any evidence of previous injury/disability; (d) any other info to help establish cause of abuse/neglect and perpetrator’s identity. Hotline staff will also ask about: (e) the child’s siblings and their names; (f) relationship of caretaker(s) to victim(s); (g) incident specifics; (h) location and severity of injuries; (i) any pattern of neglect or abuse, and any physical evidence; (j) any explanation by the child; (k) other relevant info to expedite investigation (e.g., directions to a victim’s house in rural areas, or risks to the investigator). (2) Written reports MUST give if known: (a) names and addresses of the child and his/her parents or others responsible for him/her; (b) if in summer, name and address of the child’s school or last one attended; school district name, if applicable; (c) the child's age, sex, and race; (d) the nature and extent of abuse or neglect, and any evidence of prior injuries, abuse, or neglect of the child or his/her siblings; (e) name(s) of apparent perpetrator(s); (f) family composition, with names, ages, sexes, and races of the home’s other children; (g) the reporter’s name, occupation, and contact info; (h) the reporter’s actions (e.g., photos or x-rays of wounds; placing child in temporary protective custody, or notifying medical examiner or coroner); and (i) any other helpful info. (3) Commercial Film & Photo processors or Computer technicians, & Electronic & I.T. Workers must include: (a) reporter’s name, address, & phone number; (b) his/her employer, if any; (c) [image owner’s] name, address, & phone number, if known; and (d) circumstances and image content.  [325 ILCS 5/7.4. 5/7.9; 720 ILCS 5/11-20.2(d);        https://www2.illinois.gov/dcfs/safekids/reporting/documents/cfs_1050-21_mandated_reporter_manual.pdf]

·       REPORTER PROTECTION: (1) Mandated reporters MUST disclose their names, occupations, & contact info in the written report.  [325 ILCS 5/7.9(6)] (2) Report disclosures are on a need-to-know basis and do NOT identify the source.  [325 ILCS 5/11.1; 5/11.1a(c)] (3) Good faith reporters without willful or wanton conduct are immune from civil and criminal liability; and good faith is presumed for both required and permitted reporters.  [325 ILCS 5/9] 

WHY:        (1) Willful violation by a mandatory reporter or others is a class A misdemeanor; subsequent violations are class 4 felonies. (2) Willful violation by a physician, dentist or dental hygienist incurs professional discipline. (3) Failure of (a) commercial film & photo print processors or computer techs or (b) electronic & I.T. workers to report child porn is a business offense with a fine of $1,000 [for (a)] or $1,001 [for (b)]. (4) Scheming to prevent discovery of an abused or neglected child, to avoid arrest or prosecution, is a class 4 felony; subsequent offenses are class 3 felonies even if related.  (5)  A knowingly false report is disorderly conduct and a class 4 felony.  [325 ILCS 5/4(m); 5/4.02; 5/4.5(e); 720 ILCS 5/11-20.2(a)]

WHAT:      In Illinois, abuse includes physical abuse (and emotional side effects), sexual abuse / exploitation, torture, and drug abuse. And neglect includes non-provision, injurious environments, abandonment, lock-outs, and parental addiction.  [325 ILCS 5/3]

Initial Screening Criteria: (a) an alleged victim aged <18 (b) was harmed or at substantial risk (c) by an abusive or neglectful incident or circumstances; and the alleged (d) abuser is a parent, foster parent, guardian, immediate family member, other household member, parent’s paramour, or anyone else responsible OR (e) neglecter is a parent, guardian, foster parent, or anyone else responsible. [Ill. Admin. Code tit. 89, § 300.100(g),(h)]

Reportable: (1) for suspicion of either abuse or neglect: the child’s parent, guardian, foster parent, or anyone else responsible for the child's welfare at the time of the alleged maltreatment; (2) for suspicion of abuse only: immediate family members, other household members, and the parent’s paramour; (3) for child porn, suspected by commercial film & photo print processors or computer technicians, or by electronic & I.T. workers: reportable as to ANY and EVERY source.  [Admin. Code tit. 89 § 300.100(g),(h); 325 ILCS 5/4.5; 720 ILCS 5/11-20.2(a)]

·        Persons responsible (for the child's welfare at the time) include: (a) a parent, guardian, foster parent, or caregiver relative; (b) residential staff; (c) child care staff; (d) legal custodian; and (e) persons in an official or trust position (e.g., in health care, education, recreation, clergy, volunteers, support personnel, etc.).  [325 Ill. Comp. Stat. 5/3]  DCFS lists them as a: (i) parent or their romantic partner; (ii) immediate relative or other household member; (iii) caretaker, e.g., sitter or daycare; or (iv) anyone else responsible, e.g., in health care, education, coaching, or youth program volunteer.  [https://www2.illinois.gov/dcfs/safekids/reporting/Pages/index.aspx]

Sexual Conduct (CHILD PORN) depicted or portrayed, involving a child, and reportable by commercial film & photo print processors or computer technicians, is actual or simulated, with anyone or animal: (a) sexual penetration or conduct; (b) sex organ penetration into another’s mouth, anus, or sex organs; (c) masturbation; (d) lewd fondling, touching, or caressing; (e) excretion or urination in a sexual context; (f) a person bound, fettered, or subject to sexual sadism, masochism, or sadomasochism; (g) any pose, posture, or setting with lewd exhibition of unclothed or transparently clothed genitals, pubic area, buttocks, or female’s fully or partially developed breast.  [720 ILCS 5/11-20.2(a)]

Child Abuse: a parent, immediate family member, another responsible for his/her welfare, another household member, or parent’s paramour, does any of:  [325 ILCS 5/3]

(A)     Inflicts, causes, or allows non-accidental physical injury with death, disfigurement, impairment of physical or emotional health, or loss or impairment of a bodily function;

(1)     EXAMPLES are brain damage, skull fractures, subdural hematomas (brain bleed), internal injuries, & [deliberate] malnutrition. [325 ILCS 5/7]

(B)     Creates a substantial risk of such a non-accidental physical injury;

(C)     Commits or allows any sex offense;

(1)     EXAMPLES include: (a) intercourse; (b) exploitation; (c) molestation; or (d) sexually transmitted disease at age 12 and under;  [325 ILCS 5/7]

(2)     BASIS: these are from the IL Criminal Code & Wrongs to Children Act, extended to all children under age 18 (cf. 720 ILCS 5/1-1 et seq.; 150/0.01 et seq.);

(3)     FOR CHILD PORNOGRAPHY, see definition of sexual conduct above.

(4)     CONTEXT: INCEST is sexual penetration knowing the other person is one’s: (a) brother or sister, of whole or half-blood; (b) parent or child, legitimately or not, or adoptive or not; (c) stepparent or stepchild; (d) aunt, uncle, niece or nephew; © great-aunt, great-uncle, grandniece, or grandnephew; or (f) grandparent, step-grandparent, grandchild or step-grandchild.  [720 ILCS 5/11-11(a)]

(5)     CONTEXT: THE AGE OF CONSENT is 17, but is 18 if the partner is age 17 or more and in a position of trust, authority, or supervision over the child.  [720 ILCS 5/11-1.20; 5/11-1.60]

(D)     Commits or allows torture;

(E)     Inflicts excessive corporal punishment – or agency staff who are prohibited from applying any corporal punishment, do inflict it on a child in their professional capacity;

(F)     Commits or allows female genital mutilation;

(G)    Causes a controlled substance to pass unlawfully to a child under age 18 (by sale, transfer, distribution, or gift), but LAWFUL prescription & dispensing are NOT abuse.

(H)    Commits or allows (a) involuntary servitude, (b) involuntary sexual servitude of a minor, or (c) trafficking in persons for labor or services (720 ILCS 5/10-9).

Child Neglect is any of the following as to a child. S/he:  [325 ILCS Stat. 5/3]

(A)     (Medical Lack)  Either (a) receives food & care only to treat medical damage caused by abuse, OR (b) otherwise has inadequate support / medical / remedial care;

(B)     (Other Lack)  Does not receive enough food, clothing, and/or shelter;

(C)     (Recklessness)  Has risk to health, physical well-being or welfare, due to a parent’s, caregiver’s, or agency’s blatant irresponsibility creating an injurious environment;

(D)     (Abandonment)  Is abandoned by his/her parents or other person responsible for the child’s welfare without a proper plan of care;

(E)     (Lock-out)  After crisis intervention (705 ILCS 405/3-5) a parent, guardian, or custodian: (a) will not let the child return home; (b) will not agree to another living arrangement; and (c) made no other appropriate living arrangement for him/her; or

(F)     (Drug-Addicted Mother) Is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or its metabolite.

NOTE: EXEMPTIONS TO NEGLECT: (a) newborn affected by lawful medication; (b) care entrusted to an adult relative; (c) relinquishing a newborn lawfully; (d) prayer in lieu of medical care; and (e) noncompliance with compulsory school attendance.  [325 ILCS 5/3]